Title IX Coordinator

What is Title IX?

Title IX of the 1972 Education Amendments is a powerful tool for combating campus violence. The law requires
colleges and universities receiving federal funding to combat gender-based violence
and harassment, and respond to survivors’ needs in order to ensure that all students
have equal access to education.

Any sexual violence or physical abuse, as defined by California law, whether committed
by an employee, student, or member of the public, occurring on college-owned or controlled
property, at college-sponsored or supervised functions, or related to or arising from
college attendance or activity is a violation of District policies and regulations,
and is subject to all applicable punishment, including criminal and/or civil prosecution
and employee or student discipline procedures.

No person in the United States shall, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance.

KNOW YOUR IX

Title IX is a landmark federal civil right that prohibits sex discrimination in education. Title IX is not just about sports; it is a prohibition against sex-based discrimination
in education. It addresses discrimination against pregnant and parenting students
and women in STEM (science, technology, engineering, and math) programs. It also addresses
sexual harassment, gender-based discrimination, and sexual violence. Sexual violence
includes attempted or completed rape or sexual assault, as well as sexual harassment,
stalking, voyeurism, exhibitionism, verbal or physical sexuality-based threats or
abuse, and intimate partner violence.

Title IX does not apply to female students only. Title IX protects any person from sex-based discrimination, regardless of their real
or perceived sex, gender identity, and/or gender expression. All female, male, and
gender non-conforming individuals are protected from any sex-based discrimination,
harassment or violence.

Colleges must be proactive in ensuring that the campus is free of sex discrimination. You are protected under Title IX even if you do not experience sex discrimination
directly. Schools must take immediate steps to address any sex discrimination, sexual
harassment or sexual violence on campus to prevent it from affecting students further.
If a school knows or reasonably should know about discrimination, harassment or violence
that is creating a “hostile environment” for any student, it must act to eliminate
it, to remedy the harm caused and to prevent its recurrence. Schools may not discourage
survivors from continuing their education, such as telling them to “take time off”
or forcing them to quit a team, club or class. You have the right to remain on campus
and have every educational program and opportunity available to you.

Colleges must have an established procedure for handling complaints of sex discrimination,
sexual harassment or sexual violence. Every school must have a Title IX Coordinator who manages complaints. The Coordinator’s
contact information should be publicly accessible on the school’s website. If you
decide to file a complaint, your school must promptly investigate it regardless of
whether you report to the police (though a police investigation may very briefly delay
the school’s investigation if law enforcement is gathering evidence). A school may
not wait for the conclusion of a criminal proceeding and should conclude its own investigation
within a semester’s time (the 2011 Office for Civil Rights Title IX guidance proposes
60 days as an appropriate time-frame). The school should use a “preponderance of the
evidence” standard to determine the outcome of a complaint, meaning discipline should
result if it is more likely than not that discrimination, harassment and/or violence
occurred. The final decision should be provided to you and the accused in writing.
Both of you have the right to appeal the decision.

Colleges must take immediate action to ensure a victim can continue their education
free of ongoing sex discrimination, sexual harassment or sexual violence. Along with issuing a no contact directive to the accused, a school must ensure that
any reasonable changes to your housing, class or sports schedule, campus job, or extracurricular
activity and clubs are made to ensure you can continue your education free from ongoing
sex discrimination, sexual harassment or sexual violence. These arrangements can occur
BEFORE a formal complaint, investigation, hearing, or final decision is made regarding
your complaint. It also can CONTINUE after the entire process since you have a right
to an education free of sex-based discrimination, harassment or violence. Additionally,
these accommodations should not over-burden complainant-victims or limit your educational
opportunities; instead, schools can require the accused to likewise change some school
activities or classes to ensure there is not ongoing hostile educational environment.

Colleges may not retaliate against someone filing a complaint and must keep a victim
safe from other retaliatory harassment or behavior. Schools must address complaints of sex discrimination, sexual harassment and sexual
violence. As part of this obligation they can issue a no contact directive or make
other accommodations to ensure the accused or a third party does not retaliate for
any complaint. Additionally, the school may not take adverse action against the complainant-victim
for their complaint. Any retaliation can and should be reported in a formal Title
IX complaint to the U.S. Department of Education since it is your right to be free
from a hostile educational environment.

Colleges can issue a no contact directive under Title IX to prevent the accused student
from approaching or interacting with the victim. When necessary for student safety, schools can issue a no contact directive preventing
an accused student from directly or indirectly contacting or interacting with you.
Campus security or police can and should enforce such directives. This is not a court-issued
restraining order, but a school should provide you with information on how to obtain
such an order and facilitate that process if you choose to pursue it.

In cases of sexual violence, colleges are prohibited from encouraging or allowing
mediation (rather than a formal hearing) of the complaint. The 2011 Title IX Guidance clearly prohibits schools from allowing mediation between
an accused student and a complainant-victim in sexual violence cases. However, they
may still offer such an alternative process for other types of complaints, such as
sexual harassment. Realize it is your choice and you can and should seek a disciplinary
hearing if you desire such a formal process. Schools are discouraged from allowing
the accused to question you during a hearing.

Colleges should not make victims pay the costs of certain accommodations that may
be required in order for the victim to continue their education after experiencing
violence. If you need counseling, tutoring, housing resources, or other remedies in order to
continue your education, these resources will be provided at no cost to you.

Immediate Action

What to Do If You Have Been Sexually Assaulted:

Get to a safe place.

Call a friend or family member to be with you.

It is advisable to report a sexual assault, even an unsuccessful attempt. The information
you provide may prevent another person from being assaulted. When you report a sexual
assault, any information you can remember about the attack will be helpful - the assaulter's
physical characteristics, voice, clothes, car or even an unusual smell.

If you have been sexually assaulted, you should call the police as soon as possible;
do not bathe or change your clothes. Semen, hair and material under fingernails or
on your clothing all may be useful in identifying and prosecuting the assaulter. If
the assault occurred on campus, call Campus Police at (323) 265-8800. If the assault
occured off campus, call 911.

It is very helpful to contact a rape treatment center, where qualified staff members
may assist you in dealing with your trauma. If you are unable to make the contact
yourself, have a friend, family member or police make the call.

Finally, it is important to remember that many individuals will mistakenly blame themselves
for the assault. However, being sexually assaulted is not a crime - the crime has
been committed by the person who assaulted you.

What next? Options?

Assault on Campus Procedure

The District will address the needs of the sexual assault survivor by providing a
consistent, caring, and timely response when sexual assault occurs within the college
community. After initial consultation, referrals for treatment will be made and ongoing
support will be offered to survivors.

Any person who has been sexually assaulted is strongly encouraged to file a complaint
with the ELAC Sheriff’s Department, and/or the appropriate law enforcement agency
having jurisdiction. When a complaint is filed with the ELAC Sheriff’s Department
and the college staff should initiate the following steps:

Notify the appropriate college personnel of the incident for further administrative
action.

The ELAC Sheriff’s Department will be responsible for conducting a thorough investigation
which may include contacting other public agencies.

Ensure that the survivor is given appropriate protection while on campus, including
protection from retaliation for filing the complaint, if necessary. Such protection
may include placing appropriate restrictions on the accused.

Ask the survivor questions to assess the potential for continuing threat to the survivor
and/or other members of the campus community.

Disclosure

To protect the privacy of the individuals involved, names will not be released by
the District without their consent unless the release is essential to the health and
safety of the survivor or the campus community, or to otherwise fulfill the legal
obligations of the college.

Student Conduct and Discipline

Students may be expelled, suspended or placed on probation for acts committed on campus
or at campus-related events. The cause for suspension and expulsion listed in California
Education Code 76033 include assault, battery, or any threat of force or violence
upon a student or college personnel and the willful misconduct which results in injury
or death to a student or college personnel. In compliance with federal and state laws
and regulations, victims of violent crimes, including sexual assault, are to be informed
whenever information regarding disciplinary action taken by the college is included
in a student’s file. For further information, contact the Office of Student Services,
323.265.8633.

Need Immediate Action

What to Do If You Have Been Sexually Assaulted:

Get to a safe place.

Call a friend or family member to be with you.

It is advisable to report a sexual assault, even an unsuccessful attempt. The information
you provide may prevent another person from being assaulted. When you report a sexual
assault, any information you can remember about the attack will be helpful – the assaulter’s
physical characteristics, voice, clothes, car or even an unusual smell.

If you have been sexually assaulted, you should call the police as soon as possible;
do not bathe or change your clothes. Semen, hair and material under fingernails or
on your clothing all may be useful in identifying and prosecuting the assaulter. If
the assault occurred on campus, call Campus Sheriffs at 323.265.8800.

It is very helpful to contact a rape treatment center, where qualified staff members
may assist you in dealing with your trauma. If you are unable to make the contact
yourself, have a friend, family member or police make the call.

Finally, it is important to remember that many individuals will mistakenly blame themselves
for the assault. However, being sexually assaulted is not a crime – the crime has
been committed by the person who assaulted you.

If you have been a victim of sexual assault, sexual harassment, or sexual misconduct,
you have options on how you'd like to proceed. The most important factor is that you
are safe and are not in imminent danger. If you believe you are in danger, call 911.

Working together, safety at East Los Angeles College is everyone’s business. No community,
of course, can be totally risk free in today’s society. Students, faculty/staff and
visitors are partners in creating an atmosphere that is safe and conducive for teaching
and learning. Whether you are a victim or a witness, you have the responsibility to
report crime. If a crime occurs on or around campus, report it immediately to the
ELAC Sheriff’s Office (323) 265-8800.

The East Los Angeles College Sheriff’s Office is the primary agency for reporting
and investigating all crimes that occur on East Los Angeles College campus. Any instances
of criminal activity occurring on the East Los Angeles College campus should be reported
to East Los Angeles College Sheriff’s Office (323) 265-8800.

When calling to report a crime or incident, please be ready to give information such
as:

? FAQ's for Victims (Complainant)

Facts about Sexual Assault

Sexual assault is a crime of violence. It is estimated that more than 80 percent of
all sexual assaults involve the use of weapons, or the threat of violence or death.
Rapists often look for potential victims who appear weak or vulnerable; however, anyone
can be a victim of a sexual assault, regardless of behavior or appearance. Rape can
happen to any person, anywhere or anytime. In a significant number of cases, the rapist
is known to the victim.

Rape is not just an act committed in a dark alley by an assailant the victim has never
met. Most rapes occur in the victim's home and about 60% of the victims who report
their rape know their assailants. You can be aware without being afraid.

Some people believe that rapists are overcome with sexual desire or that women "ask
for it" by the way they dress or act. Some people even believe that women want to
be raped. These ideas assume that rape is motivated by sexual desire. IT IS NOT! Rape
is a crime of violence - a hostile act - and it is motivated by the assailant's need
to hurt and humiliate the victim. It is about power. In California, any form of sexual
conduct carried out upon a person, against that person's will, is a crime. Any sexual
penetration, however slight, is sufficient to complete the crime of rape. P.C. 261
& 263

Dating Violence: Abuse or mistreatment that occurs in either heterosexual or same-sex relationships.
It may take place at any time during the dating process - when two people first meet
and become interested in one another, on their first date, during their courtship,
once they have been involved with each other for some time, or after their relationship
has ended.

Intimate Partner (Domestic) Violence: Physical, sexual, or psychological harm by a current or former partner or spouse.
This type of violence can occur among heterosexual or same-sex couples and does not
require sexual intimacy.

Rape: Unwanted, coerced and/or forced sexual penetration. The perpetrator may penetrate
the victim's vagina, mouth, or anus, either with a body part or another object. The
victim may also be forced to penetrate the perpetrator's vagina, mouth, or anus.

Sexual Harassment: Unwanted verbal sexual advances, requests for sexual favors, and other visual, verbal,
or physical conduct of a sexual nature. Sexual harassment can also include stalking,
voyeurism ("peeping toms"), exhibitionism/exposing, and obscene comments and phone
calls. Sexual harassment can occur in the workplace, school, and other settings (such
as public transportation, shopping malls, community events, social gatherings, places
of worship, health care facilities) and can create an intimidating or hostile environment
for the victim. The perception of the victim, not the intent of the harasser, determines
whether particular words or actions are harassing.

Sexual Violation: Use of sexual contact behaviors that are unwanted by and/or harmful to another person,
but do not involve penetration. This can include touching or rubbing against a non-consenting
person in public ("frottage"), forced masturbation, and non-consensual touching of
the breasts, buttocks, genitals, and other sexualized body parts by another person.

Hate Crimes: Hate violence as defined in the statute "means any act of physical intimidation or
physical harassment, physical force or physical violence, or the threat of physical
force or physical violence, that is directed against any person or group of persons
because of the ethnicity, race, national origin, religion, sex, sexual orientation,
disability, or political/religious beliefs of that person or group".

Stalking: While legal definitions of stalking vary from one jurisdiction to another, a good
working definition of stalking is a course of conduct directed at a specific person
that would cause a reasonable person to feel fear. A stalker is someone who willfully,
maliciously and repeatedly follows or harasses another (victim) and who makes a credible
threat with the intent to place the victim or victim's immediate family in fear for
their safety. According to California Penal Code 646.9, the victim does not have to
prove that the stalker had the intent to carry out the threat.

Any sexual violence against the wishes and without the consent of the violated person,
whether by a stranger or by an acquaintance, whether against a woman or a man, is
a violation of the law. Consent cannot be given if the person is asleep, intoxicated,
unconscious, mentally disordered, under threat of force, or for any other reason unable
to communicate willingness to participate in sexual activity. Intercourse under any
of these circumstances is rape.

Any person who has been the victim of sexual violence is strongly urged to report
the situation as soon as possible to City Police (911) or College Sheriff’s Office
(323) 265-8800. Any person with information regarding sexual violence on campus should
contact College Police as soon as possible.

COMPLAINANT RIGHTS

Throughout this process, both the complainant and respondent have the following rights:

To be treated with respect by District officials.

To take advantage of campus support resources, such as Psychological Services, Student
Health Services, etc.

To experience a safe education and work environment.

To have an advisor during an adjudication process.

To be free of retaliation.

To have complaints heard in accordance with policy and procedures.

To fully participate in any process whether the injured party is serving as the complainant,
or where the institution is serving as complainant.

To be informed in writing of the progress of the investigation.

To be notified concurrently, and in writing, of the outcome/resolution of the complaint,
of any sanctions imposed, and the basis for the determination, and the right of appeal
(when applicable).

AB 1088: Sexual Violence

Section 67385 of the Education Code requires that community college districts adopt
and implement procedures to ensure prompt response to victims of sexual violence which
occur on campus as well as providing them with information regarding treatment options
and services. No community can be totally risk-free in today’s society. However, by
working together, students, faculty, staff, and visitors can all help to create an
atmosphere which is as safe and crime free by reporting criminal behavior to:

Monterey Park Police Department: 626.573.1311

Campus Sheriff’s Office: 323.265.8800

Dean of Students: 323.265.8870

Psychological Services: 323.265.8751

Student Health Services: 323.265.8651

Title IX Coordinator: 213.891.2000 ext.3113

Any sexual violence or physical abuse, as defined by California law, whether committed
by an employee, student, or member of the public, occurring on college-owned or controlled
property, at college-sponsored or supervised functions, or related to or arising from
college attendance or activity is a violation of District policies and regulations,
and is subject to all applicable punishment, including criminal and/or civil prosecution
and employee or student discipline procedures.

FAQ's for Accused (Respondent)

If you have been accused of sexual misconduct, DO NOT contact the victim (Complainant).
You may want to speak with someone in the campus community who can act as a support
person. The Title IX Coordinator, or Deputy, can explain the college’s grievance procedures
for addressing sexual misconduct complaints. You may also want to seek confidential
counseling through Psychological Services or seek support through off campus services
in the community.

What about legal advice?

Respondents may want to retain legal counsel given the potential for criminal and/or
civil action. East Los Angeles College does not provide legal counsel to students.

Will anyone be told?

The college’s primary relationship is to you, the student. College officials will
only speak with other individuals at your request or when there is a significant threat
to your health or safety.

Can the student be charged with something on campus and off campus?

Yes, complainants have the right to pursue both campus resolution of a complaint as
well as civil and/or criminal resolution. It is up to the complainant to decide how
they want to proceed. The colleges’ processes will move forward regardless if there
is criminal or civil legal action taken regarding the same incident.

RESPONDENT RIGHTS

Throughout this process, both the complainant and respondent have the following rights:

To be treated with respect by District officials.

To take advantage of campus support resources, such as Psychological Services, Student
Health Services, etc.

To experience a safe education and work environment.

To have an advisor during an adjudication process.

To be free of retaliation.

To have complaints heard in accordance with policy and procedures.

To fully participate in any process whether the injured party is serving as the complainant,
or where the institution is serving as complainant.

To be informed in writing of the progress of the investigation.

To be notified concurrently, and in writing, of the outcome/resolution of the complaint,
of any sanctions imposed, and the basis for the determination, and the right of appeal
(when applicable).

Common Myths and Facts About Sexual Assault

Myth: Victims provoke sexual assaults when they dress provocatively or act in a promiscuous
manner.

Fact: Rape and sexual assault are crimes of violence and control that stem from a person's
determination to exercise power over another. Neither provocative dress nor promiscuous
behaviors are invitations for unwanted sexual activity. Forcing someone to engage
in non-consensual sexual activity is sexual assault, regardless of the way that person
dresses or acts.

Myth: If a person goes to someone's room or house or goes to a bar, s/he assumes the risk
of sexual assault. If something happens later, s/he can't claim that s/he was raped
or sexually assaulted because s/he should have known not to go to those places.

Fact: This "assumption of risk" wrongfully places the responsibility of the offender's
action with the victim. Even if a person went voluntarily to someone's home or room
and consented to engage in some sexual activity, it does not serve as blanket consent
for all sexual activity. When in doubt if the person is comfortable with an elevated
level of sexual activity, stop and ask. When someone says "no" or "stop," that means
"STOP!" Sexual activity forced upon another without valid consent is sexual assault.

Myth: It is not sexual assault if it happens after drinking or taking drugs.

Fact: Being under the influence of alcohol or drugs is not an invitation for sexual activity.
A person under the influence does not cause others to assault her/him; others choose
to take advantage of the situation and sexually assault her/him because s/he is in
a vulnerable position. A person who is incapacitated due to the influence of alcohol
or drugs is not able to consent to sexual activity.

Myth: Most sexual assaults are committed by strangers. It's not rape if the people involved
know each other.

Fact: Most sexual assaults and rape are committed by someone the victim knows. A study
of sexual victimization of college women showed that about 90% of victims knew the
person who sexually victimized them. Most often, a boyfriend, ex-boyfriend, classmate,
friend, acquaintance or co-worker sexually victimized the person. It is important
to remember that sexual assault can occur in both heterosexual and same-gender relationships.

Myth: Rape can be avoided if women avoid dark alleys or other "dangerous" places where
strangers might be hiding or lurking.

Fact: Rape and sexual assault can occur at any time, in many places, to anyone.

Myth: A person who has really been sexually assaulted will be hysterical.

Fact: Victims of sexual violence exhibit a spectrum of responses to the assault which can
include: calm, hysteria, withdrawal, anxiety, anger, apathy, denial and shock. Being
sexually assaulted is a very traumatic experience. Reaction to the assault and the
length of time needed to process through the experience vary with each person. There
is no "right way" to react to being sexually assaulted. Assumptions about the way
a victim "should act" may be detrimental to the victim because each victim copes in
different ways.

Myth: All sexual assault victims will report the crime immediately to the police. If they
do not report it or delay in reporting it, then they must have changed their minds
after it happened, wanted revenge or didn't want to look like they were sexually active.

Fact: There are many reasons why a sexual assault victim may not report the assault to
the police or campus officials. It is not easy to talk about being sexually assaulted
and can feel very shameful. The experience of retelling what happened may cause the
person to relive the trauma. Another reason for delaying a report or not making a
report is the fear of retaliation by the offender. There is also the fear of being
blamed, not being believed and being required to go through judicial proceedings.
Just because a person does not report the sexual assault does not mean it did not
happen.

Myth: Only young, pretty women are assaulted.

Fact: The belief that only young, pretty women are sexually assaulted stems from the myth
that sexual assault is based on sex and physical attraction. Sexual assault is a crime
of power and control. Offenders often choose people whom they perceive as most vulnerable
to attack or over whom they believe they can assert power. Men and boys are also sexually
assaulted, as well as persons with disabilities. Assumptions about the "typical" victim
might lead others not to report the assault because they do not fit the stereotypical
victim.

Myth: It's only rape if the victim puts up a fight and resists.

Fact: Many states do not require the victim to resist in order to charge the offender with
rape or sexual assault. Those who do not resist may feel if they do so, they will
anger their attacker, resulting in more severe injury. Many assault experts say that
victims should trust their instincts and intuition and do what they believe will most
likely keep them alive. Not fighting or resisting an attack does not equal consent.

Myth: Someone can only be sexually assaulted if a weapon was involved.

Fact: In many cases of sexual assault, a weapon is not involved. The offender often uses
physical strength, physical violence, intimidation, threats or a combination of these
tactics to overpower the victim. Although the presence of a weapon while committing
the assault may result in a higher penalty or criminal charge, the absence of a weapon
does not mean that the offender cannot be held criminally responsible for a sexual
assault.

Common Myths and Facts about Sexual Harassment

Myth: Sexual harassment is rare.

Fact: Sexual harassment is extremely widespread. It touches the lives of 40 to 60 percent
of working women, and similar proportions of female students in colleges and universities.

Myth: Sexual harassment only happens to women and is perpetrated only by men.

Fact: Both men and women can be victims or perpetrators of sexual harassment. In addition,
sexual harassment may occur between members of the same sex.

Myth: The seriousness of sexual harassment has been exaggerated; most so-called harassment
is really trivial and harmless flirtation.

Fact: Sexual harassment can be devastating. Studies indicate that most harassment has nothing
to do with "flirtation" or sincere sexual or social interest. Rather, it is offensive,
often frightening and insulting. Research shows that survivors are often forced to
leave school or jobs to avoid harassment; may experiences serious psychological and
health-related problems.

Myth: Many victims make up and report stories of sexual harassment to get back at their
employers or others who have angered them.

Fact: Research shows that less than one percent of complaints are false. In fact, survivors
rarely file complaints even when they are justified in doing so.

Myth: Women who are sexually harassed generally provoke harassment by the way they look,
dress and behave.

Fact: Harassment does not occur because women dress provocatively or initiate sexual activity
in the hope of getting promoted and advancing their careers. Studies have found that
victims of sexual harassment vary in physical appearance, type of dress, age, and
behavior. The only thing they have in common is that over 99% of them are female.

Myth: If you ignore harassment, it will go away.

Fact: It will not. Research has shown that simply ignoring the behavior is ineffective;
harassers generally will not stop on their own. Ignoring such behavior may even be
seen as agreement or encouragement.

Prevention and Protection Strategies

What Is Bystander Intervention?

Bystander Intervention is a social science model that predicts that most people are
unlikely to help others in certain situations. A bystander is anyone who observes
an emergency or a situation that looks like someone could use some help. They must
then decide if they are comfortable stepping in and offering assistance.

Research has found that people tend to struggle with whether helping out is their
responsibility and one of the major obstacles to intervention is something called
diffusion of responsibility -- which means that if several people are present, an
individual is much less likely to step up and help out because he/she believes someone
else will. Other major reasons that bystanders fail to intervene are that the situation
is too ambiguous, that the bystander is worried about misjudging the situation and
thus will be embarrassed by intervening, or that the bystander believes the victim
is in some way responsible for the situation and is thus, getting what they deserve.

Bystander Intervention programs teach people to overcome their resistance to checking
in and helping out. These programs have been found to be very helpful on college campuses
to thwart sexual assault, abusive alcohol consumption, dorm damage, and concerns about
suicide, depression and eating disorders.

Have you ever stopped a friend from going home with someone when your friend was really
drunk or high? Have you ever gotten a friend who is very drunk to Urgent Care or taken
care of them for the night because you knew they were too drunk to be left alone?
These are examples of your being a bystander using your power to stop violence and/or
potential injury or death from alcohol poisoning.

Bystander Intervention Techniques (the 4 Ds):

Please remember that your safety is of the utmost importance. When a situation that
threatens physical harm to yourself or a student, ask someone for help or contact
the police.

Direct: Step in and address the situation directly. This might look like saying, "That's
not cool. Please stop." or "Hey, leave them alone." This technique tends to work better
when the person that you're trying to stop is someone that knows and trusts you. It
does not work well when drugs or alcohol are being used because someone's ability
to have a conversation with you about what is going on may be impaired, and they are
more likely to become defensive.

Distract: Distract either person in the situation to intervene. This might look like saying,
"Hey, aren't you in my Spanish class?" or "Who wants to go get pizza?" This technique
is especially useful when drugs or alcohol are being used because people under the
influence are more easily distracted then those that are sober.

Delegate: Find others who can help you to intervene in the situation. This might look like
asking a friend to distract one person in the situation while you distract the other
("splitting" or "defensive split"), asking someone to go sit with them and talk, or
going and starting a dance party right in the middle of their conversation. If you
didn't know either person in the situation, you could also ask around to see if someone
else does and check in with them. See if they can go talk to their friend, text their
friend to check in, or intervene.

Delay: For many reasons, you may not be able to do something right in the moment. For example,
if you're feeling unsafe or if you're unsure whether or not someone in the situation
is feeling unsafe, you may just want to check in with the person. In this case, you
can combine a distraction technique by asking the person to use the bathroom with
you or go get a drink with you to separate them from the person that they are talking
with. Then, this might look like asking them, "Are you okay?" or "How can I help you
get out of this situation?" This could also look like texting the person, either in
the situation or after you see them leave and asking, "Are you okay?" or "Do you need
help?"

When dating someone for the first time, seriously consider doing so in a group situation
or meeting them at a public place. This will allow you to assess your date's behavior
in a relatively safe environment.

Watch for inclinations that your date may be a controlling or dominating person who
may try to control your behavior. A person who plans all activities and makes all
decisions during a date may also be inclined to dominate in a private setting.

If the person drives and pays for all expenses, they may think they're justified in
using force to get "what they paid for." If you cover some of the expenses, they may
be less inclined to use this rationale to justify acting in a sexually coercive manner.

Avoid using alcohol or other drugs when you definitely do not wish to be sexually
intimate with your date. Consumption of alcohol and/or other drugs, by both victim
and perpetrator, is commonly associated with acquaintance rape. Drug intoxication
can both diminish your capacity to escape from an assault and reduce your date's reluctance
to engage in assaultive behavior.

Avoid behavior that may be interpreted as "teasing." Clearly state what you do and
do not wish to do in regard to sexual contact. Such direct communication can markedly
reduce a persons inclinations to force unwanted sexual activity or to "feel led on."

If, despite direct communication about your intentions, your date behaves in a sexually
coercive manner, you may use a "strategy of escalating forcefulness - direct refusal,
vehement verbal refusal, and, if necessary, physical force." In one study, the response
rated by men as the most likely to get men to stop unwanted advances was the woman
vehemently saying, "This is rape and I'm calling the cops." If verbal protests are
ineffective, reinforce your refusal with physical force such as pushing, slapping,
biting, kicking, or clawing your assailant.

Break the Cycle: Empowering Youth to end Domestic Violence

What to Do in a Risky Situation:

Stay calm and think out what your options are and how safe it would be to resist.

Say "NO" strongly. Do not smile. Do not act polite or friendly.

Say something like "STOP IT! THIS IS RAPE!"

If the attacker is unarmed, fight back physically. Attack the most vulnerable parts
of the body. Shout FIRE and escape as soon as possible.

If the attacker is armed, try to talk him out of continuing the assault or try passive
resistance such as pretending to faint, vomit, or urinate.

What to Do in a Risky Situation:

Always walk briskly. Look alert and confident. Avoid carrying objects requiring the
use of both arms.

Stay away from isolated areas, day or night.

Never walk alone when it is dark.

If you are being followed, get away fast, change directions, and walk/run to a crowded
area.

Keep all doors to your car and residence locked at all times.

Before you drive home, call your family, a friend, or a roommate so they will expect
you and are aware if you are excessively late.

Encourage group activities in the early stages of a relationship.

Take a self-defense course.

Be aware of legislation that concerns your gender and contact legislators to express
your views.

Contact information for community resources for students who are victims of sexual
violence

Campus consequences of committing acts of sexual violence include the imposition of
discipline, such as expulsion or suspension for students and termination for employees.

Criminal consequences include imprisonment in state prison. The specific prison terms
for sex crimes will depend on the factual circumstances involved. Persons convicted
of sex crimes will be required to register as sex offenders, and will also be entered
into an online database. The database of registered sex offenders is publicly available
at the websites for the California Attorney General and the United States Department
of Justice National Sex Offender Public Registry.

Civil consequences of committing acts of sexual violence include possible civil actions
being filed against the offender, making the offender subject to restraining orders
and/or potentially liable for compensatory and punitive damages to the victim.

Faculty & Staff Tool Kit

If a student reports that he or she has been a victim of sexual assault, sexual harassment,
or sexual misconduct, the student has options on how to proceed. The most important
thing is that the student is safe and is not in imminent danger.

If a Student is in Distress:

Listen non-judgmentally. Accept the experience as the student describes it. Articulate
clearly that you believe the student and you want to provide support in any way that
you can.

Validate the student’s feelings.

Assure the student that it is not their fault. Self-blame is common among victims
of sexual violence.

Do not make judgmental comments. Do not comment on what could have been done differently
or make statements that imply that the student could have avoided the harassment or
assault.

Be sympathetic. However, do not let your own emotions get in the way of supporting
the student.

Discuss options. Show them the sexual harassment policy and give them the brochure
on sexual misconduct.

Get support for yourself. Do not hesitate to seek advice from individuals who are in a position to help. It
is not necessary to give names or details of the incident to get initial support and
to learn more about options. Some options for help include the SMC Crisis Prevention
Team, SMC Psychological Services, and the SMC Title IX Officer.

MEN CAN STOP RAPE empowering and educating men to use their strength to help stop
sexual violence

SCARLETEEN’S ARTICLE, “DRIVER’S ED FOR THE SEXUAL SUPERHIGHWAY: NAVIGATING CONSENT”
an excellent guide to understanding and talking about consent

Know Your IX

NOT ALONE

A Title IX resource guide that includes an overview of Title IX’s requirements in
several key areas, including recruitment, admissions and counseling; financial assistance;
athletics; sex-based harassment; treatment of pregnant and parenting students; and
discipline-all topics that frequently confront schools and their Title IX coordinators.

References

It's On Us Campaign

Jackson Katz: Violence Against Woman, It's a Men's Issue

Who Are You (Bystander) Campus Clarity: 2 Minute Lesson on "What is Consent?"

If the assailant is another ELAC student, you may contact the Dean of Students or
the Title IX Coordinator, and that individual can begin an investigation into the
assailant’s violation of the Rules for Student Conduct.

If the assailant is an ELAC faculty or staff member, you may contact the Title IX
Coordinator.

Glossary

Appeal Committee: A committee is formed to hear a Student’s proper appeal, which may follow a determination
of Responsible or Not Responsible for violation(s) of the District’s Sexual Misconduct
Policy. The Appeal Committee hears appeals where Students allege unlawful discrimination,
prejudicial evidence exclusion during the investigation of Title IX complaints, and/or
for the reasonableness of Sanctions imposed following a Sexual Misconduct investigation.

Clery Act: Jeanne Clery Act; Federal law that requires colleges and universities across the
United States to disclose information about certain crime statistics on and around
their campuses.

Complainant: A person(s) alleging that they are the victim of Sexual Misconduct by another person
subject to the District’s policy on Sexual Misconduct. The District or College shall
also be considered a Complainant if the District or College elects to investigate
reports of potential violation(s) of the District’s policy on Sexual Misconduct. Any
person(s), other than the alleged victim (Complainant), who reports possible violation(s)
of the District’s policy on Sexual Misconduct, shall be identified as a Reporter,
as defined herein.

College Disciplinary Officer: The College official(s) designated by the College President, or designee, to administer
the Sanctions under this Administrative Procedure by incorporating the Sanctions under
District Administrative Regulations 4410.

Consent: Consensual sexual activity requires an ongoing, affirmative Consent, for the act
in which the participants are involved. More specifically, affirmative Consent means
an expressed, affirmative, conscious, and voluntary agreement to engage in sexual
activity. It is the responsibility of each person involved in the sexual activity
to ensure that he or she has the affirmative Consent of the other, or others, to engage
the sexual activity. Lack of protest, or resistance, or silence does not mean Consent.
There is no Consent when there is force, expressed or implied, or when coercion, intimidation,
threats, or duress is used to obtain Consent. Affirmative Consent must be ongoing
throughout a sexual activity, and can be revoked at any time. The existence of a dating
relationship between the persons involved, or the fact of past sexual relations between
them, should never, by itself, be assumed to be an indicator of Consent. If a person
is mentally or physically incapacitated or impaired so that such person cannot understand
the fact, nature, or extent of the sexual situation, there is no Consent; this includes
impairment or incapacitation due to alcohol or drug consumption, or being asleep or
unconscious.

Dating Violence: The use of physical violence, coercion, threats, intimidation, isolation, or Stalking
of another while in a dating relationship, or a social relationship which is of romantic
or sexually intimate nature. Such violence may include other forms of emotional, sexual
or economic abuse directed towards a person who is or has been in a dating relationship,
or a social relationship of a romantic or sexually intimate nature with the victim.
This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten,
terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Dating Violence
can be a single act or a pattern of behavior in relationships.

Dear Colleague Letter: Guidance issued by the Office for Civil Rights on April 4, 2011 to assist colleges
and universities with meeting their obligations under Title IX and to provide members
of the public with information about their rights.

District Community: Any employee, contractor, Student, member of the public, or invitee present on District
property, or on property being used by the District. For purposes of this definition,
a Student is deemed a member of the District Community while enrolled in, or in the
process of applying for, enrollment as a Student at any of the Colleges within the
District.

Domestic Violence: The use of physical violence, coercion, threats, intimidation, isolation, Stalking,
or other forms of emotional, sexual, or economic abuse directed towards (a) a current
or former spouse or intimate partner; (b) a person with whom one shares a child; or
(c) anyone who is protected from the Respondent’s acts under the domestic or family
violence laws of California, including Family Code Section 6250 et seq., and any applicable
federal law, including the Violence Against Women Act of 1994 (VAWA), as amended.
This can include behaviors that intimidate, manipulate, humiliate, isolate, frighten,
terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Domestic Violence
can be a single act or a pattern of behavior in relationships.

Gender-based Harassment: Unwelcome Conduct of a nonsexual nature based on a Student’s actual or perceived
gender, including conduct based on gender identity, gender expression, or nonconformity
with gender stereotypes.

Hearing Panel: A panel formed by the College Title IX Coordinator or designee to make a determination
and finding of whether a Student is Responsible or not for alleged violations of Sexual
Misconduct.

Hostile Environment: Exists when Unwelcome Conduct of a sexual or gender-based type is sufficiently serious
and/or pervasive to deny or limit a person’s ability to fully participate in or benefit
from the College’s programs or activities. A Hostile Environment can be created by
anyone involved in a College’s program or activity (e.g., administrators, faculty
members, staff, Students, or campus visitors). In determining whether conduct has
created a Hostile Environment, the District considers the conduct in question from
both objective and subjective perspectives. The District will base findings on a variety
of factors, including the severity, persistence, or pervasiveness of the conduct.
The more severe the conduct, the less need there is to show a repetitive series of
incidents to find a Hostile Environment. Likewise, a series of incidents may be sufficient
even if the conduct is not particularly severe.

Not Responsible: Based on the applicable evidence collected during the investigation, it is not more
likely than not that the Student did not commit a violation.

OCR: Office for Civil Rights, whose mission is to ensure equal access to education and
to promote educational excellence throughout the nation through vigorous enforcement
of civil rights.

Party/Parties: Either the Complainant or the Respondent, involved in the alleged violation of Sexual
Misconduct. The term Parties means both the Complainant and the Respondent collectively.

Reporter: Any person(s), other than the Complainant, who reports potential violation(s) of
the District’s policy on Sexual Misconduct.

Respondent: A person/s who are alleged to have violated the District’s policy on Sexual Misconduct.

Responsible: Means, based on the applicable evidence collected during the investigation, it is
more likely than not the Student committed one or more violation(s) of the District’s
Policy or Regulation on Sexual Misconduct.

Responsible Personnel: College employees responsible (Mandated) for reporting Sexual Misconduct violations.
These individuals include managers, club advisors, coaches, and law enforcement.

Retaliation: Any act of reprisal against a person who is involved in an allegation of Sexual Misconduct
including but not limited to the Complainant, the Respondent, witnesses, investigators,
and Hearing Panel, or Appeal Committee. Examples of actions that might be Retaliation
against a Complainant, witness, or other participant in the complaint process include:
a) Singling the person out for harsher treatment; b) lowering a grade or evaluation;
c) failing to hire, failing to promote, withholding pay increase, demotion, or discharge;
or d) providing negative information about the person in order to interfere with his
or her prospects for employment, admission, or academic program.

Sanctions: Those disciplinary measures available to the College Disciplinary Officer or designee
to impose upon a Student upon the finding of the Student’s responsibility for violation(s)
of the Rules for Student Conduct or of the Sexual Misconduct Policy.

Sex: For purposes of this administrative procedure, sex may refer to gender designation
as male or female or based upon a perceived association with a particular gender/s;
or to a physical act of a sexual nature.

Sexual Assault: Actual or attempted sexual contact with another person without that person’s Consent.
Sexual Assault includes, but is not limited to: 1) intentional touching of another
person’s body in a sexual nature without that person’s Consent; 2) other intentional
sexual contact with another person without that person’s Consent; 3) coercing, forcing,
or attempting to coerce or force a person to touch another person’s body in a sexual
nature without that person’s Consent; or 4) rape, which is penetration, no matter
how slight, of the vagina, or anus of a person by any body part of another person,
or by an object, or the mouth of a person, or by a sex organ of another person, without
the other person’s Consent.

Sexual Exploitation: Occurs when a person takes sexual advantage of another person for the benefit of
anyone other than that person without the other person’s Consent. Examples of behavior
that could rise to the level of Sexual Exploitation include:

Prostituting another person

Recording images (e.g. video, photograph) or audio of another person’s sexual activity,
body when recorded for a sexual reason, or nakedness without that person’s Consent

Disturbing images (e.g. video, photograph) or audio of another person’s sexual activity,
images of another’s body for sexual purposes, or nakedness, if the individual distributing
the images or audio knows or should have known that the person depicted in the images
or audio did not Consent to such disclosure and objects to such disclosure;

Viewing or distributing images of an individual’s sexual activity, of another person's
body parts, or nakedness in a place where that person would have a reasonable expectation
of privacy, without that person’s Consent, to have the image shared, or advance Consent
to view such an image, for the purposes of arousing or gratifying sexual desire.

Sexual Harassment: Unwelcome Conduct of a sexual nature, including but not limited to unwelcome sexual
advances; requests for sexual favors; or other verbal or nonverbal conduct of a sexual
nature, including rape, Sexual Assault, and Sexual Exploitation. In addition, depending
on the facts, Dating Violence, Domestic Violence, and Stalking may also be forms of
Sexual Harassment.

Sexual Misconduct: Comprises a broad range of unwelcome behaviors focused on Sex and/or gender that
may or may not be sexual in nature. Any intercourse or other intentional sexual touching
or activity without the other person’s Consent is Sexual Assault, and is a form of
Sexual Misconduct under this Policy. Sexual Misconduct encompasses Sexual Harassment,
Sexual Assault, Sexual Exploitation, or Gender-based Harassment, which is a form of
Harassment based on gender identity, gender expression, or non-conformity with gender
stereotypes. Sexual Misconduct may also encompass acts of a sexual nature, including
acts of Sexual Stalking, Domestic Violence, Dating Violence, Intimidation, or Retaliation,
following an incident where alleged Sexual Misconduct has occurred.

Sexual Misconduct can occur between strangers or acquaintances, or people who know
each other well, including between people involved in an intimate or sexual relationship.
It can be committed by anyone regardless of gender identity, and can occur between
people of the same or of a different Sex or gender.

Stalking: Behavior in which a Student repeatedly engages in a course of conduct directed at
another person and makes a credible threat with the intent to place that person in
reasonable fear for his or her safety, or the safety of his or her family; where the
threat is reasonably determined by the College Disciplinary Officer to create substantial
emotional distress, torment, create fear, or terrorize the person.

Sexual Stalking: Course of conduct directed at a specific person that would cause a reasonable person
to feel fear or suffer substantial emotional distress due to another’s sexual interest
or gender interest. Sexual Stalking involves repeated and continued harassment of
a sexual or gender-based nature, against the expressed Consent of another individual,
which causes the targeted individual to feel emotional distress, including fear or
apprehension. Such Sexual Stalking behaviors may include: pursuing or following; unwanted
communication or contact- including face-to-face encounters, telephone calls, voice
messages, electronic messages, web- based messages, text messages, unwanted gifts,
etc.; trespassing; and surveillance or other types of observation.

Title IX Coordinator: The designated person(s) responsible for oversight and implementation of Title IX
compliance and for the effective oversight of the District’s Sexual Misconduct Policy
and Procedures.

Title IX Deputy: Person(s) responsible for assisting in the oversight and implementation of Title
IX compliance for the effective oversight of the District’s Sexual Misconduct Policy
and Procedures. Title IX Deputies are specific managers located in Academic Affairs,
Athletics, Human Resources, and Student Affairs.

Title IX Investigator(s): The Title IX Coordinator’s designated person(s) responsible for the investigation
of complaints of Sexual Misconduct.

Unwelcome Conduct: Conduct of a sexual, gender-based, or harassing nature, which is not solicited, invited,
or Consented to. Such conduct would be deemed unwelcome if the person receiving it
did not request or invite it, and considered the conduct to be undesired, or offensive.
Such conduct may take various forms, including name-calling, graphic or written statements
(including the use of cell phones or the Internet), hazing, bullying, offensive, or
other conduct that may be physically or psychologically threatening, harmful, or humiliating.
Unwelcome Conduct does not have to include intent to harm be directed at a specific
target, or involve repeated incidents. Unwelcome Conduct can involve persons of the
same or opposite Sex. Participation in the conduct or the other Party’s failure to
complain does not mean that the conduct was welcome.

VAWA: The Violence Against Women Act; meant to improve the criminal justice response to
violence against woman.

Zero Tolerance: No tolerance and refusal to accept undesirable conduct and behavior, typically by
strict and uncompromising application of the law.

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